EXECUTIVE JUDGE ROGER A. DOMAGAS, PETITIONER, VS. DELIA MALANA, RESPONDENT.

On
April 28, 1992, Executive Judge Roger A. Domagas,
Regional Trial Court, Tuguegarao, Cagayan,
thru a telegram, conveyed to the Supreme Court his decision to suspend for one
year respondent Delia Malana, stenographer of Branch
3, RTC, Tuguegarao, Cagayan for having admitted committing acts of
falsification of records in Administrative Cases Nos. 3242 and 3162.

Upon
investigation by Executive Judge Domagas, it appears
that Administrative Case No. 3242 was originally entitled “In Re: Petition
for Issuance of New Certificate of Title in Lieu of Lost One,” with Rufo Taguba as petitioner.
Respondent Malana, however, changed the title of the
Administrative Case No. 3242 to “In Re: Petition For Issuance of Another
Copy of Original Certificate of Title No. 1268, Catalina Maribbay,
Petitioner” in order to make it appear that the following documents,
actually issued in connection with the petition of Rufo
Taguba, were issued in relation to the petition of
Catalina Maribbay, to wit:

1.       Order dated November 21, 1991 of Judge Domagas granting the petition for issuance of another owner’s
copy of OCT No. 1268 and further directing the Register of Deeds of Cagayan to issue OCT No. 1268. Respondent Malana without any authority affixed the rubber stamp
“ORIGINAL SIGNED” above the typewritten name of Judge Domagas to create the impression that said judge issued and
signed the Order aforementioned.

2.       Certification dated December 6, 1991 bearing the
signature of Clerk of Court Consuelo A. Rodriguez, forged by respondent Malana. This document states that the aforementioned order
of November 21, 1991, issued
in Administrative Case No. 3242 has not been amended, supplemented or modified
by any subsequent order or process of the court and that the same has become
final and executory as of December 6, 1991.

In
Administrative Case No. 3162 entitled “In Re: Petition for the Issuance of
Another Owner’s Copy of TCT Nos. T-54574, T-54575 and
T-54372, Benigna Ballad, Petitioner,” respondent
Malana employed similar acts of falsification, by
changing the title of said case to “In Re: Petition for the Issuance of Another Owner’s Copy of TCT Nos. T-54574,
T-54575 and T-54372, Benjamin Roca, petitioner.
This was done again to achieve the purpose of making it appear that the
following documents were issued in relation to the petition filed by Benjamin Roca instead of Benigna Ballad,
to wit:

1.       Order of January 22, 1991 of Judge Domagas approving the petition for the issuance of the aforementioned
TCTs and directing the Register of Deeds to issue another
owner’s copy thereof. Respondent Malana again affixed
the rubber stamp “ORIGINAL SIGNED” above the typewritten name of
Judge Domagas, making it appear that he issued and
signed the Order of January 22, 1991
in connection with the petition of Benjamin Roca.

2.       Certification of February 5, 1991 with a falsified
signature of Tita N. Narag,
to the effect-that the Order of January 22, 1991 has not been amended, supplemented
or modified by any subsequent order or process of the court and that the same
has become final and executory as of February 5,
1991.

Respondent
Malana, in this Court’s Resolution of July 15, 1992 was required to explain
why she should not be held administratively liable for the acts of
falsification she committed. She was further placed under preventive suspension
for ninety (90) days due to the gravity of the offense perpetrated.

On
September 16, 1992,
respondent Malana, by way of compliance with this
Court’s Resolution of July 15, 1992,
explained in her letter of September
16, 1992, that both petitioners Maribbay
and Roco never informed her that the titles which
they claim to have lost were actually sold or mortgaged to other persons. She
claims that she was simply made to understand that the titles thereto are clean
and in fact appear to be clean as shown in the records of the Register of
Deeds.

On
February 1, 1993,
this case was referred to the Office of the Court Administrator for evaluation,
report and recommendation. Thus, on April
13, 1993, in a memorandum for the Chief Justice, the Office of the
Court Administrator found the explanation of respondent Malana
unsatisfactory and unconvincing. It observed that “respondent
stenographer’s justifications are grossly inconsistent with and materially
contradictory to the statements given and documents submitted showing that she
actually resorted to falsifying certain documents .with the objective of
facilitating the issuance of new titles in petitioners’ favor without the
latter having to go through the normal proceedings required for such purpose.
Moreover, respondent stenographer’s admission of culpability is a clear
indication of violation of public trust and confidence, resulting in the
suppression of the truth regarding the matter.”

The
Office of the Court Administrator cited the case of Caubang
v People, 210 SCRA 377 where it was held that:

“In
a crime of falsification of a public document, the principal thing punished is
the violation of public faith and the destruction of truth as therein solemnly
proclaimed.”

Considering
the foregoing, the Office of the Court Administrator recommended to this Court
the dismissal from the service of respondent-stenographer reporter Delia Lasam Malana with prejudice to
re-employment in any branch or agency of the government, including government
owned and controlled corporations; the forfeiture of all retirement benefits,
except the monetary value of her leave credits, if any.

After
a thorough study of the established facts in this case, we find that the acts
of falsification specified herein were positively committed by respondent Malana who has admitted the same before Executive Judge Domagas and has failed to provide a satisfactory
explanation that will totally exonerate her of the charge of falsification of
public documents. Consequently, this Court considers as proper and warranted
the recommendation of the Office of the Court Administrator and accordingly adopts
the penalty imposed therein on respondent Malana.

WHEREFORE,
respondent Stenographer Reporter Delia Lasam Malana is hereby DISMISSED from the service, with prejudice
to re-employment in any branch or agency of the government including
government-owned and controlled corporations. FORFEITURE of all retirement
benefits except the monetary value of her leave credits, if any, is hereby
ORDERED.

SO ORDERED.

Narvasa,
C.J., Cruz, Feliciano, Padilla, Bidin, Griño-Aquino, Regalado, Davide, Jr., Romero, Nocon, Bellosillo, Melo, and Quiason, JJ., concur.